[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Pages S5303-S5304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3501. Mr. RUBIO (for himself, Mr. Nelson, Mr. Kennedy, Mr. Cotton, 
Mr. Inhofe, Mr. Casey, Mrs. Ernst, and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill H.R. 6147, making 
appropriations for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act or any other Act with respect to any 
     fiscal year may be used to implement, administer, or enforce 
     the final rule with the regulation identifier number 0910-
     AG38 published by the Food and Drug Administration in the 
     Federal Register on May 10, 2016 (81 Fed. Reg. 28974) with 
     respect to traditional large and premium cigars. For the 
     purposes of this section, the term ``traditional large and 
     premium cigar'' means--
       (1) any roll of tobacco that is wrapped in 100 percent leaf 
     tobacco, is bunched with 100 percent tobacco filler, contains 
     no filter, tip, or non-tobacco mouthpiece, weighs at least 6 
     pounds per 1,000 count; and
       (A) has a 100 percent leaf tobacco binder and is hand 
     rolled;
       (B) has a 100 percent leaf tobacco binder and is made using 
     human hands to lay the leaf tobacco wrapper or binder onto 
     only one machine that bunches, wraps, and caps each 
     individual cigar; or
       (C) has a homogenized tobacco leaf binder and is made in 
     the United States using human hands to lay each 100 percent 
     leaf tobacco wrapper individually onto a single machine that 
     bunches, wraps, and caps each individual cigar on such single 
     machine and makes no more than 15 cigars per minute; and
       (2) is not a cigarette or a little cigar (as such terms are 
     defined in paragraphs (3) and

[[Page S5304]]

     (11), respectively, of section 900 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 387)).
                                 ______